Legal Definitions - European Commission for Human Rights

The European Commission for Human Rights was a crucial body established by the Council of Europe, which played a significant role in the protection of human rights across Europe for several decades. Its primary function was to oversee the operation of the European Convention on Human Rights.

Before 1998, when its functions were absorbed by the European Court of Human Rights, the Commission acted as a gatekeeper and investigative body. Individuals, groups, or even states could submit complaints to the Commission, alleging violations of the rights guaranteed by the Convention. The Commission would then examine these complaints, determine their admissibility, investigate the facts, and attempt to facilitate a friendly settlement between the parties. If a settlement could not be reached, the Commission would issue a report on the facts and its opinion on whether a violation had occurred, often paving the way for the case to be heard by the European Court of Human Rights.

Here are some examples illustrating its historical role:

• Individual Complaint Investigation: Imagine a citizen in a Council of Europe member state in the 1980s who believed their right to a fair trial, as guaranteed by the European Convention on Human Rights, was violated because they were denied access to legal counsel during their arrest. After exhausting all legal remedies within their own country, this individual would have submitted an application to the European Commission for Human Rights. The Commission would then have reviewed the complaint, investigated the circumstances, and determined if there was a potential violation worthy of further consideration or referral to the European Court of Human Rights.

• Inter-State Dispute Resolution: Consider a scenario in the 1970s where one Council of Europe member state formally accused another member state of systematically violating the human rights of a minority population within its borders, specifically alleging breaches of the Convention's protections against discrimination and ill-treatment. In such a serious "inter-state" case, the accusing state would have brought its complaint before the European Commission for Human Rights. The Commission would have undertaken a comprehensive investigation, gathering evidence and hearing arguments from both governments, to establish the facts and assess whether the alleged widespread human rights abuses had indeed occurred.

• Facilitating Friendly Settlements: Suppose a person claimed their private property was unlawfully seized by their government without adequate compensation, a potential violation of their right to property under the Convention. After finding the complaint admissible, the European Commission for Human Rights would have actively worked to mediate a "friendly settlement" between the individual and the state. This process aimed to find a mutually acceptable resolution that respected the Convention's principles, potentially involving the state offering compensation or returning the property, thereby avoiding the need for a full, adversarial hearing before the European Court of Human Rights.